More job problems

rodrob111

Been working in my job a year and have 2 bosses, a manager and and an owner. the manager is there 24/7 and the owner is there 2 mornings a week. I get on well with the manager but don't know the owner too well.

The manager is on holidays and I am in charge but the owner was in yesterday and thought i was doing an inadequate job (working behind schedule after a 35 hour weekend). He was not happy and left. Now I am in line for a written warning. I do an awful lot in the business including over 50 hours a week and many duties beyond my scope. I have never recieved any warning before and think a written warning is a bit harsh.

I possibly am biased but regard myself as fairly reasonable and have been told many times that I am very important to the company.

Am i correct?

(Sorry for lack of details but don't want to jeopardise my job

gerrycollins

you can only get a direct/immediate written warning if you committed an act of misconduct.(based on the best practise displinary process) Are you there over a year?

did he actually say you were getting a written warning? or just threatening you?

To get to a written warning stage an investigation should take place into your conduct. If your conduct has been deemed an act of misconduct then you may go straight to the written warning stage. However if you are doing a reasonable job and your manager thinks so,BTW who will give you the written warning the owner or your manager? you may get a verbal warning over what ever individual issue the owner might have an issue with you..

Alternatively the owner might just not have been happy with you that particuclar day and at any investigation meeting you can quote,if any, positive appraisals you have recieved in the past and maybe you were having an off day or you honestly didnt know how to do a particuclar job that was required of you.

Either way you are entitled to have another member of staff present at any meeting and keep a written record of such. Also you are entitled to appeal at any stage any decision made against you.

Mrs OBumble

gerrycollins, can you post some links backing up those statements please?

I know that what you say may be policy in some places, but I'm not sure if it applies everywhere.

gerrycollins

JustMary wrote: »

gerrycollins, can you post some links backing up those statements please?

I know that what you say may be policy in some places, but I'm not sure if it applies everywhere.

http://www.lrc.ie/documents/publications/codes/5GrievanceDisciplinary.pdf
(not the law but best practice as discussed with unions and employers representatives)

http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/dismissal/fair_grounds_for_dismissal.html(sorry I cant do the reducing limks)


"Conduct
As a ground for fair dismissal the term conduct covers a very large area of behaviour. There is a need to distinguish between gross misconduct and ordinary instances of misconduct.

Gross misconduct may give rise to instant (summary) dismissal without notice or pay in lieu of notice. Examples of gross misconduct include assault, drunkenness, stealing, bullying or serious breach of your employer's policies and practices. Your contract of employment may contain further information concerning gross misconduct.

Ordinary instances of misconduct may be a series of minor incidents which, when taken together, are enough to warrant dismissal, although your employer is obliged to give you notice or pay in lieu of notice in this type of situation.

Your employer will need to investigate each situation adequately to obtain all the facts of the case. Except in cases of gross misconduct, you must have been given appropriate warnings about your conduct and been made aware that dismissal might result if the problems continue. If this has been done, the dismissal is fair, because you have been given a chance to improve your conduct. "

the bold writing would indicate that some form of warning for issues of misconduct be given and the best warning and safest from an employers view point is a written warning as there is no disputing it as it is a signed copy by all parties and cannot be questioned.

Eoin

JustMary wrote: »

gerrycollins, can you post some links backing up those statements please?

I know that what you say may be policy in some places, but I'm not sure if it applies everywhere.

While employers are responsible for introducing their own disciplinary procedures, they are subject to the principles of natural justice. So, the right to appeal, the right to a witness (not ANY witness - must be agreed with the employer), the right to an impartial hearing etc.

The exact steps are not set out by law though. Some people think that you have to get a verbal warning first, before you get a written warning - and that's not the case.

Not performing to the expected standard falls into the disciplinary procedure. So while it might not be an instance of intentional misconduct, the process can and should still be followed if someone isn't performing as they should.